{"id":286952,"date":"2021-01-12T09:05:03","date_gmt":"2021-01-12T14:05:03","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/bankruptcy\/what-is-bankruptcy\/ask-a-lawyer-can-bankruptcy-stop-wage-garnishment.html"},"modified":"2026-05-26T16:48:39","modified_gmt":"2026-05-26T21:48:39","slug":"ask-a-lawyer-can-bankruptcy-stop-wage-garnishment","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/bankruptcy\/what-is-bankruptcy\/ask-a-lawyer-can-bankruptcy-stop-wage-garnishment.html","title":{"rendered":"Can Bankruptcy Stop Wage Garnishment?"},"content":{"rendered":"\n
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Can Bankruptcy Stop Wage Garnishment?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Filing for bankruptcy stops <\/span>wage garnishment<\/span> through an automatic stay<\/span> for civil judgments and credit card<\/span> debt<\/span>. However, wage garnishment<\/span> does not stop for child support<\/span> or alimony<\/span> payments.<\/p>\n\n <\/div>\n\n\n\n

Filing for bankruptcy stops <\/span>wage garnishment<\/span> through a court order<\/span> called an automatic stay<\/span>. This takes effect the moment you file bankruptcy<\/span> and prohibits creditors from garnishing your wages or pursuing other collection activities<\/span>. Although most types of <\/span>debt<\/span> collection<\/span> are halted through bankruptcy, garnishment continues for child support<\/span>, alimony<\/span>, and certain tax debts<\/span>.<\/p>\n

If you have a money judgment<\/span> resulting in a wage garnishment<\/span> that is preventing you from paying your other debts, bankruptcy can stop garnishments and discharge some of your debt. If you\u2019re facing bankruptcy and unsure how to proceed, consider discussing your\u00a0debt relief<\/span>\u00a0options with a\u00a0bankruptcy attorney<\/span><\/a>\u00a0before\u00a0filing.<\/p>\n

How Bankruptcy Stops <\/span>Wage Garnishment<\/span><\/h2>\n

When you file for bankruptcy, an automatic stay<\/span><\/a> goes into effect. This stay prevents creditors, collections agencies, and even some government entities from pursuing you for the debts you owe while your bankruptcy case<\/span> is in progress. The purpose of the automatic stay<\/span> is to give you some time and breathing room while the trustee overseeing your case looks over your bankruptcy petition<\/span>, debts, assets, and income.<\/p>\n

When Does the Automatic Stay<\/span> Begin?<\/h3>\n

The automatic stay<\/span> triggers the moment you file bankruptcy<\/span>, no matter which type you file. It applies to both businesses and individuals.<\/p>\n

Creditors must stop garnishing your wages and other collection activities<\/span> as soon as they receive notification from the bankruptcy court<\/span> or your lawyer. The federal bankruptcy court<\/span> can charge creditors with contempt if they do not pause their collection actions<\/span>.<\/p>\n

Certain types of debt<\/span> can still be garnished during the automatic stay<\/span>. High-priority,\u00a0non-dischargeable debts<\/span>,\u00a0such as\u00a0child support<\/span>\u00a0and\u00a0alimony<\/span>\/spousal support, must be paid during the automatic stay<\/span>.<\/p>\n

In\u00a0Chapter 13 bankruptcy<\/span><\/a>, a special automatic stay<\/span> provision protects co-debtors from collection efforts, such as co-signers on loans. Creditors can ask the court to allow wage garnishment<\/span> to continue through a Motion for Relief from Automatic Stay<\/span>.<\/p>\n

How Long Does the Automatic Stay<\/span> Last?<\/h3>\n

In a Chapter 7<\/span><\/a> bankruptcy<\/span>, the automatic stay<\/span> lasts until you receive a bankruptcy discharge<\/span> or your case is dismissed. Once you get the discharge, any creditors not included in the discharge may resume garnishing your wages.<\/p>\n

In a Chapter 13 bankruptcy<\/span>, you will create a repayment plan<\/span> that includes the one garnishing your wages. As long as you keep your payments current, the creditor cannot garnish your wages. Once you finish the plan, in three to five years, the remaining debt is discharged, and the wage garnishment<\/span> is over. Student loans<\/span> and other non-dischargeable debt<\/span> can continue to be garnished during a stay if the creditor wins a motion for relief from the stay.<\/p>\n

Creditor Violation<\/h3>\n

Sometimes, creditors take more money from paychecks than they are legally allowed to. Federal law states that creditors can only garnish the lower of:<\/p>\n